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My husband was driving down the interstate in Hampton, Virginia, when another car hit him as the car attempted to switch lanes. That is the other drivers fault right?

The Virginia Model Jury Instructions state, “The duty to keep a proper lookout requires a driver to use ordinary care to look in all directions for vehicles that would affect his driving, to see what a reasonable person would have seen, and to react as a reasonable person would have acted to avoid a collision under the circumstances.”
 
The jury instructions are the law as would be given by a Virginia judge to a jury in a Virginia personal injury lawsuit. The driver needs to make sure he uses his mirrors to look in all directions for vehicles around his car. The driver should always take the time to be aware of his surroundings and react accordingly to avoid a collision under any circumstance. 

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My husband was seriously hurt in an accident and now owes thousands of dollars to the hospital and emergency room. As his wife, am I liable for those medical bills?

Yes.Virginia Code Sec. 8.01-220.2 states that each spouse is “jointly and severally” liable for all emergency medical care administered to the other spouse by a doctor who has a license to practice in Virginia or by a Virginia hospital. This includes all initial emergency and subsequent follow-up care that was provided on an inpatient basis while the husband and wife were living together.This is one of many reasons it is so important to speak with a Virginia-based personal injury lawyer if you or a member of your family suffered a serious injury in an accident that was caused by another person or by a company’s negligent actions. Racking up large medical bills following an accident is bad enough. It is even worse to have that financial burden passed on to your loved ones.

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My car was smashed up in the car crash that was not my fault, what can I expect from the insurance company for the other driver on that part of the case?

When a person in Virginia is involved in an automobile accident with injuries there are really two separate claims that arise. The first is for the personal injury which is the kind of work that our law firm focuses on. This case is to get you back compensation for your injury, your medicals, your lost wages, your pain and suffering, your permanent injury and everything that’s happened to you as far as injuries from the moment of the impact through the time that the case is resolved. The second aspect of the situation where there’s been a car crash is the property damage claim to get the insurance company for the at-fault driver to pay to fix your car and get you a rental car while your car is repaired. To the extent that your car is totaled then the insurance company is responsible to give you a check for the fair market value of your vehicle and a rental car until such time as they give you the check. Normally, if the fault is clear, the property damage part of the case works itself out fairly easily without attorney involvement. We will try to point you in the right direction to help you find a solution to any questions you have about the property damage aspect of the case. When dealing with the insurance company it’s okay to sign a release for the property damage as long as it is limited to that. If you have any questions about the handling of your property damage you can ask your personal injury lawyer to help you.
About the editors: The motto at Shapiro, Washburn & Sharp& Duffan law firm is simple -“All we do is injury law.” We hope you were able to find the answer to your injury query. If not, please review our Virginia Accident Lawyer FAQ Library for additional information. If you’d like to speak to an actual attorney about your potential injury claim for free, please contact our office at (833) 997-1774.

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